Town of Clinton, CT Chapter 350 Land Use Applications, Notice of

[HISTORY: Adopted by the Town of Clinton 7-22-2009. Amendments noted where applicable.]

§ 350-1 Purpose; authority.

The purpose of this chapter is to promote communication between officers, boards, commissions and agencies of the Town of Clinton by providing notice of the pendency and general content of land use applications, and this chapter is adopted pursuant to C.G.S. § 7-148(c)(10)(A) and § 5-5 of the Clinton Town Charter.

§ 350-2 Definitions.

The following definitions shall apply in the interpretation and administration of this chapter:

APPLICATION

A. Any application made pursuant to the Zoning Regulations, Subdivision Regulations or Inland Wetland and Watercourses Regulations which requires action by a reviewing agency, including but not limited to site plan to PZC, special exception to PZC, special permit to PZC, special exception to ZBA, scenic road designation to PZC, map boundary or regulation change to PZC or IWC, coastal site plan reviews, subdivision/resubdivision applications, regulated activities applications to IWC, and determination of permitted nonregulated or exempt activities to IWC.

B. Any application to the ZBA, including but not limited to variance applications, appeals from the decision of the Zoning Enforcement Officer and any application made pursuant to Connecticut General Statutes or the provisions of any other local ordinance or regulation.

C. Any application to the HMC relating to matters within its jurisdiction.

PERSON

Any individual, partnership, domestic or foreign limited liability company, trust, estate, association, corporation or any other legal or commercial entity, including a board, commission, agency or official of the Town of Clinton.

RECIPIENT AGENCY

Clinton Planning and Zoning Commission (PZC), Clinton Inlands Wetlands Commission (IWC), Clinton Zoning Board of Appeals (ZBA), Clinton Park and Recreation Department, Clinton Design Advisory Board, Clinton Harbor Management Commission (HMC), Clinton Shellfish Commission, Clinton Public Works Commission, the Clinton Open Space Advisory Board and such other officer, board, commission or agency of the Town of Clinton that the Clinton Board of Selectmen by resolution shall designate to receive the notices provided for in § 350-4 of this chapter.

REVIEWING AGENCY

Clinton Planning and Zoning Commission (PZC), Clinton Inlands Wetlands Commission (IWC), Clinton Zoning Board of Appeals (ZBA) and Clinton Harbor Management Commission (HMC).

§ 350-3 Scope of provisions.

This chapter shall apply to any application submitted by any person to any reviewing agency of the Town of Clinton, as those terms are defined in § 350-2.

§ 350-4 Notice of application.

A reviewing agency receiving an application shall provide the notice required under this section to all other recipient agencies regarding the pending application within seven days of the receipt of the application. Said notice shall be addressed to such agency's chairperson and, at a minimum, shall identify the person making the application, the location of the subject property and a general description of the project or activities proposed in the application. The form of such notice is attached hereto as Exhibit A and shall be made a part of the application.[1]

[1] Editor's Note: Exhibit A is included at the end of this chapter.

§ 350-5 Obligation of recipient agency.

A recipient agency receiving notice of an application under § 350-4 shall forward a copy of any prior decision, including any conditions imposed thereon, or any prior written comments or recommendations related to any prior application with respect to the property and the application identified in the notice, as may be contained in the street files in the Land Use Office as of the effective date of this chapter, and as said street files may thereafter be supplemented, or stored in alternative forms, such as microfiche, microfilm or other document retrieval or storage systems, on or off site. Items waiting to be filed or transferred to alternative storage or retrieval systems are to be considered part of the street files to be examined. The recipient agency may, but shall not be required to, examine or transmit materials that are no longer in the street files but have been transferred to microfiche, microfilm or other document retrieval or storage system. Said response transmittal shall be made prior to the next regularly scheduled meeting of the reviewing agency occurring more than 14 days after the receipt of said notice. The transmitted document(s) shall become part of the file of the reviewing agency for the subject application, and in the event a reviewing agency shall conduct a public hearing on the application, the transmitted documents shall be placed in the record of the public hearing.

§ 350-6 Administration.

A. The chairperson of the reviewing agency and the chairperson of each recipient agency, or such other member of the reviewing agency or each recipient agency as the agency shall designate, shall notify staff who shall be responsible for the timely transmittal of the notices from reviewing agencies and the transmittal of responses from the recipient agencies as required under this chapter.

B. If reviewing agencies or recipient agencies have a clerk or administrative staff person, the clerk or staff person shall assist in the timely transmittal of the notices from reviewing agencies and the transmittal of responses from the recipient agencies.

C. The provisions of this chapter are for the benefit of reviewing agencies and shall not be deemed to confer rights upon applicants, recipient agencies or the general public.

D. The provisions of this chapter shall be deemed directory and shall not constitute a grounds for appeal or a basis for civil liability in the event of an incomplete or untimely notice, response to notices or other noncompliance with the provisions of this chapter.